No. 22-5956

Charles Wallace v. Louisiana

Lower Court: Louisiana
Docketed: 2022-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-trial jury-unanimity retroactivity state-constitution state-jurisdiction
Latest Conference: 2023-01-06
Question Presented (from Petition)

ARE NONUNANIMOUS INSTRUCTED CASES RIPE TO REMOVAL via 28 U.S.C.A. §1443?

DOES THE UNITED STATE CONSTITUTION AND AMENDMENTS IN AND OF ITSELF VOID AND NULLIFY La.Const.1974, Art.1,§17 AND LSA-C.Cr.P.Art.782 AS THEREIN AUTHORIZING NON-UNANIMOUS JURY INSTRUCTION RELATED TO CASE NON-CAPITAL OR NON-PETTY MANDATING HARD LABOR RETROACTIVE TO JAN. 01,2019; IN OTHER WORDS BEFORE JANUARY 01,2019?

DOES NONUNANIMOUS INSTRUCTION ABORT TRIAL STRUCTURE MECHANISM?

CAN THE STATE WAIVE A DEFENDANTS RIGHT OF ELECTION BETWEEN A JUDGE OR JURY TRIAL AT ARRAIGNMENT [ESPECIALLY WHERE STATE LAW DENIES A RIGHT TO TRIAL BY JURY BEFORE ARREST]BY STATE STEALING FRANCHISES ELECTION BY ELECTING TRIAL BY JURY WITHOUT CONSENT OF ACCUSSED

CAN ANY SENTENCE BE LEGAL WHEREIN CASE NO 12 JURORS SWORN INTO JURY; THE RECORD FAILS TO REFLECT A USCS §101-103 CERTIFICATE OF POWER; AND NO UNANIMOUS JURY INSTRUCTION IS AUTHORIZED UNDER STATE LAW',WHERE CONSEQUENCE IS MANDATORY CIVIL DEATH"AT HARD LABOR'UNDER BILL'OF PAINS AND PENALTIES?

STATE HAS BYPASSED THE SUPREME LAW OF THE LAND BY LAWLESSNESS WHEREFORE HAD NO JURISDICTION OVER THIS CASE FROM BEFORE ARREST AND CONTINUING ON TO DATE WHEREFORE DOES STATE HAVE ANY RIGHT TO FRIVOLOUS PROCEEDURAL BAR ALLEGATION DUE TO THEIR PROCEEDING AT THEIR OWN DUTY RISK PERIL >AND INVIOLATE OF USCS §§241-242 et seq.?

DOES INCURABLE STRUTURAL DEFECTS AS FACIALLY REFLECTED HEREIN WHICH AFFECT THE ENTIRE TRIAL MECHANISM SERIOUSLY EFFECT THE FAIRNESS ,INTEGRITY AND/OR PUBLIC REPUTATION OF UNITED STATES/STATE JUDICIAL PROCEEDINGS, AND ARE EXEMPT FROM HARMLESS ERROR REVIEW AS JURISDICTIONAL IN NATURE?

DOES INFIRM DEFENDANT DESERVE BETTER ADEQUATE AND EFFECTIVE ASSISTANCE OF COUNSEL IN LAWLESS STATE?

LA.CONST.ART. 1,§17/LSA-L.C.CR.P.ART. 782 VOIDS STATE JURISDICTION BEFORE ARREST 'RELATED TO NON-CAPITAL/NON-PETTY HARD LABOR CONSEQUENCE STATUTES

DOES THE CURRENT LA.CONST.ART. 1,§17/LSA-C.CR.P.ART. 782 GIVE RETROACTIVE DUE PROCESS ,OR EX POST FACTO APPLICATION OF THE LAW TO CASES BEFORE THE JANUARY 01,2019 DEMARKATION?

WHETHER THE CONSTITUTION OF THE UNITED STATES PROVIDING THAT "THE RIGHT TO TRIAL BY JURY SHALL BE PRESERVED ', "• OPERATES BY OWNJ FORCE TO RENDER ANY ONE STATE RULE, STATUTE OR CONSTITUTION VOID THAT CHARGES INSTRUCTION OF CONCURRENCE OF LESS THAN UNANIMOUS (VERDICT

WHETHER CONGRESSIONAL RATIFICATION OF STATE CONSTITUTION WHEREIN

Question Presented (AI Summary)

Whether non-unanimous jury instructions are constitutional

Docket Entries

2023-01-09
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-08
Waiver of right of respondent Lousiana to respond filed.
2022-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2022)

Attorneys

Charles Wallace
Charles K. Wallace — Petitioner
Lousiana
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent